Frequently Asked Questions on the Seeds and Plant Variety Act (CAP 326)
Q: What is the Seed and Plant Variety Protection Act CAP 326
ANS: An Act of Parliament to:
Ensure that seeds produced or imported into Kenya meet certification requirements to ensure farmers get maximum benefits upon planting the seeds.
Prevent sale of fake seed and provide for punishment of fake seed dealers.
Ensure that seed sold in Kenya is of suitable varieties that have been tested and found to perform satisfactorily under Kenyan Agro-ecologies.
Provide for breeders to recover their investment in breeding by protecting them from unfair protection of their varieties.
Provide for the conservation and sustainable utilization of plant genetic resources for food and agriculture, including indigenous seeds and plant varieties in Kenya.
Establish a Tribunal to hear appeals and complaints on seed related issues.
Q: When was the Seed and Plant Variety Act CAP 326 established?
ANS: The Act was established in the year 1972; reviewed in 1991, 2012 and amended in 2016.
Q: Who is targeted by the Act?
ANS: The Act focusses on regulation of commercial production and sale of seeds.
Q: Who is mandated to oversee the implementation of the Act?
ANS: The Kenya Plant Health Inspectorate Service KEPHIS is mandated to oversee the implementation of the Seed and Plant Variety Act CAP 326.
Q: What kinds of seed systems do we have in Kenya?
ANS: a) Formal seed system – seed is produced under a certification scheme prescribed in the Seeds and Plant Varieties Act. Production is done by registered seed companies. All seed is inspected and certified by KEPHIS. Product is Government certified seed.
b) Informal seed system – involves recycling and informal sharing and exchange of seeds by farmers. There are no regulations to govern the system.
Q: What is Seed certification?
ANS: Seed certification is the process designed to maintain and make available to farmers continuous supply of high-quality seeds of suitable varieties of crops, so grown and distributed to ensure the physical identity and genetic purity.
Q: What is the difference between a Certified seed and Indigenous seed?
ANS: Certified seeds are seeds that have undergone laboratory tests and have been determined to be of high quality, true to identity, high in purity and germination capacity, uniformity, can adapt in adverse weather conditions and free from pests and diseases.
Indigenous seeds can also be certified if they undergo the necessary tests such as germination, purity free from diseases and having defined variety characteristics.
In most cases, indigenous seeds are produced informally and maintained by farmers and local communities through several generations.
Q: What are the benefits of certified seeds?
ANS: They have high quality in terms of:
High germination capacity.
Varietal purity
Free from pests and diseases
Q: Who can produce certified seeds in Kenya?
ANS: A seed company registered by KEPHIS.
Q: Who is required to register to sell seeds in Kenya?
ANS: The people required to register to sell certified seeds in Kenya are the Seed Merchants and Seed Sellers (agrovets)
Q: Who is a Smallholder farmer?
ANS: A smallholder farmer is a farmer who owns below 3 or fewer acres of land.
Q: Do Smallholder farmers use certified seed?
ANS: Yes, a farmer considers their need and selects the variety and types of seed that gives them maximum returns. Many stallholder farmers are involved in commercial production of vegetables (and flowers) for local consumption and export.
Q: Is the Saving and sharing of indigenous seeds prohibited by this Act?
ANS: No, the Act does not prohibit the saving and sharing of the indigenous seeds between farmers for non-commercial purposes.
Q: Who does the penalty apply to?
ANS: The Penalty apply to Seed Merchants and Seed sellers and any persons involved in illegal production, advertisement, display and sale – bulk or retail to farmers (People who are in the seed business to gain monetary value)
Q: What is the penalty of selling uncertified seeds?
ANS: The penalty charged to seed merchants and seed sellers who are not licensed and sell uncertified seeds is a fine of up to Ksh 1 million and a jail term of up to two years.
Q: Can plant varieties be patented in Kenya?
ANS: Kenya does not patent crop varieties. There is a system of plant variety protection to ensure breeders of new varieties are protected from unfair exploitation of their varieties. For a variety to qualify for protection, it must be new and must meet specific criteria.
Q: Can indigenous/farmer varieties be subject to plant variety protection in Kenya?
ANS: No. Farmer/indigenous varieties are not new and therefore cannot be protected.